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Could i get the "dad's" rights taken away?

Well i have an order of protection against my daughters "dad" and we have went to court over child support and i havent seen none of the child support and i dont want him any part of her or my life. He is on drugs really bad and hes violent so that is why we have an order of protection on him. I am wanting his rights to her taken away since he aint a part of her life anyway. But he doesnt want his rights taken away. The cops is looking for him anyways and i havent heard or seen him in a long time. So do you think they will take his rights away if i went to court for it?

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Asked by CandyMama231 at 5:08 PM on Dec. 12, 2009 in Toddlers (1-2)

Level 11 (581 Credits)
Answers (3)
  • It depends on what state you live in and how long it's been sense he's had any ANY kind of contact with her.
    If you are looking to remove his rights i suggest you stop fighting for child support. If he pays child support but isn't involved otherwise there is a chance he could still retain his rights.

    We live in California and here the non custodial parent has to be non involved for AT LEAST a year letters, phone calls, visits, nothing for a minimum of a year before the courts will take the custodial parents request to terminate rights seriously.

    Answer by outstandingLove at 5:15 PM on Dec. 12, 2009

  • Child support and rights of visitation are totally different. Both decisions are made separately and you can have one without the other. I believe that after X amount of time (depending on your state) of no contact, you have a case of abandonment.

    Answer by Anonymous at 6:08 PM on Dec. 12, 2009

  • I would like to add on to outstandingLove - Even though here in Ca we can request to terminate a parent's rights after a year of no contact, it's still not that easy. You'd have to PROVE you've tried to contact the non-custodial parent via different outlets (i.e letters, phone calls, email etc...). However if your daughters "dad" is sent to jail, it should be easy. Find out if he's in jail, and see where you can go from there.

    Answer by milfalicious08 at 9:41 AM on Dec. 13, 2009

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